1 Cr.W.P. 1132.2016 - [J]

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL WRIT PETITION NO. 1132 OF 2016

1.

Ranjitji s/o Gambhirji Thakur

Age : 2 Yrs., Occ. : Business,

R/o : Palej, Thakurvas,

Dist. Mhisana (Gujrat),

P.S. Santhal, Dist. Mhisana.

2.

Mitesh s/o Chandrakant Patel

Age : 32 Yrs., Occ. Business,

R/o : 1935/60, Niranjan

Society, Rajkot (Gujrat). .. PETITIONERS

VERSUS

The State of Maharashtra

Through G.R.P. Police

Station Officer, Railway

Police Station, Bhusawal,

Tq. Bhusawal, Dist. Jalna. .. RESPONDENT

.............................

Mr. S.G.Ladda, Advocate for Petitioners.

Mr. A.B.Girase, Public Prosecutor for Respondent

..............................

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CORAM : Z.A.HAQ, J.

DATE OF JUDGMENT :20th DECEMBER, 2016

.............................

ORAL JUDGMENT :

01.

Heard Mr. S.G.Ladda, learned Advocate for

the petitioners and Mr. A.B.Girase, learned Public

Prosecutor for the Respondent – State.

02.

Rule. Rule made returnable forthwith.

03.

The petitioners have challenged the

Judgment passed by the learned Additional Sessions

Judge dismissing the Criminal Revision Application

filed by the petitioners and upholding the order

passed by the learned Magistrate rejecting the

application filed by the petitioners u/s 457 of the Code

of Criminal Procedure.

04.

The Constable of Railway Police Protection

Force lodged complaint on 22/12/2015 stating that on

21/12/2015 at about 10.00 p.m. when he was on

3 Cr.W.P. 1132.2016 - [J]

duty along with other Officers, the policemen found

that the movements/behaviour of Ranjitji Gambhirji

Thakur [petitioner No. 1] were suspicious and,

therefore, his belongings were checked and in a bag,

currency notes of ` 500/- and ` 1,000/- worth ` 22

Lakhs were found and on being enquired, Ranjitji

Gambhirji Thakur was not able to give satisfactory

answers. With these accusations, the complaint was

lodged asserting that Ranjitji Gambhirji Thakur was

harboring the bag after stealing it from some

passenger. The concerned policemen undertook

consequential exercise, drew panchanama, seized the

amount and registered non-cognizable case against

Ranjitji Gambhirji Thakur.

05.

The petitioner No. 2 filed an application u/s

457 of the Code of Criminal Procedure before the

Magistrate, Bhusawal [Railway] seeking interim

custody of the property [amount of ` 22 Lakhs]. The

petitioner No. 2 claimed that the amount belongs to

him. According to the petitioner No. 2, he is a

businessman, dealing as an agent in the business of

4 Cr.W.P. 1132.2016 - [J]

cotton and betel-nuts having office at Rajkot and

Surat, that the petitioner No. 1 is working under him,

that the petitioner No. 1 was sent along with the

amount of ` 22 Lakhs on 20/12/2015 to Akola for

purchasing cotton, but the transaction could not take

place and when the petitioner No. 1 was returning

from Akola to Surat, on 22/12/2015, the amount was

seized between Bhusawal and Jalgaon.

The application was opposed on behalf of

the respondent on the grounds as recorded in para

Nos. 4 and 5 of the Order passed by the learned

Magistrate, which are as follows :

“4.

Ld. A.P.P. opposed to the

application on the ground that,

applicant

has

given

any

appointment letter of accused. He

argued that, the seized amount is

huge, therefore, applicant ought to

have given bank details but he did

not give any b